Can my storage facility legally record our calls without my permission?

UPDATED: Oct 1, 2022

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Can my storage facility legally record our calls without my permission?

I contacted the self-storage company I have been using for several months but noticed when they call me to take my monthly payment, that there is a beeping noise in the background of our call. When I asked the employee, she stated they are recording our phone call. I went into the store next day and asked them what law do you think allows you that right? Can you tell me, is this illegal to record my phone conversation without my knowledge or permission? I do not agree that this is legal.

Asked on June 28, 2019 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What you describe is NOT legal in California. California is what is commonly called a "two-party consent" state, though that really should be "all-party consent": that is, EVERY person involved in the phone call must agree to the recording. If any person on the call--like you--does not agree, then this is considered wiretapping and is a crime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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